Samsung v Rambus - VA

January 18, 2006

COMPLETE TRANSCRIPT OF CONFERENCE CALL
BEFORE THE HONORABLE ROBERT E. PAYNE
UNITED STATES DISTRICT JUDGE

DIANE J. DAFFRON, RPR OFFICIAL COURT REPORTER
UNITED STATES DISTRICT COURT 25


APPEARANCES: (All via telephone)
Brian C. Riopelle, Esq.
McGUIRE WOODS LLP 901 East Cary Street
Richmond, VA 23219 (804)775-1084

David J. Healey, Esq. WEIL, GOTSHAL & MANGES
700 Louisiana, Suite 1600 Houston, Texas 77002
(713)546-5111
Counsel on behalf of the Plaintiff

R. Braxton Hill, Esq. CHRISTIAN & BARTON
909 E. Main Street, Suite 1200 Richmond, VA 23219
13 (804)697-4100
Gregory P. Stone, Esq.
Daniel Beck, Esq. MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 17 (213)683-9100
Counsel on behalf of the Defendant


(The proceedings in this matter commenced at 5:00 2 p.m.)

THE COURT: Hello.

MR. RIOPELLE: Hello, Your Honor. Samsung and Rambus.

THE COURT: All right. Starting with counsel for the plaintiff, who is here for whom, please?

MR. HEALEY: David Healey from Weil Gotshal for the plaintiff.

MR. RIOPELLE: Brian Riopelle from McGuire Woods for the plaintiff.

MR. STONE: Gregory Stone and Daniel Beck from Munger, Tolles & Olson for the defendant, Your Honor.

MR. HILL: Braxton Hill from Christian & Barton on behalf of Rambus, Your Honor.

THE COURT: Thank you. I understand we need to reschedule this hearing that was set for Thursday, the 19th. And I'm sorry for the loss, Mr. Stone, of Judge Burns. He was a mighty fine fellow and a fine judge.

MR. STONE: Thank you, Your Honor. I appreciate that.

THE COURT: Mr. Healey, as I understand it, you have some surgery, and we need to look past what date, gentlemen, to find a suitable date to argue?

MR. HEALEY: Your Honor, this is David Healey. My surgery is January 25. I'm available before that, but after the 25th I think to be safe I have to schedule it for sometime after February 10.

THE COURT: All right. I'm not pushing you. I want you to understand that. I have available most of the day January the 23rd, but when I'm undergoing surgery, I don't particularly want to be out of town the day before.

MR. HEALEY: My surgery is not until the 25th. So the 23rd is fine with me. I'm agnostic, Judge. I'm happy to do it before the surgery or after the period where I need to be at home. To accommodate the Court's schedule, I'm happy to do it on the 23rd.

THE COURT: It doesn't make any difference to me. You gentlemen pick.

MR. STONE: Your Honor, I have a conflict on the 23rd. My preference would be to put it as soon as we could after Mr. Healey's surgery if everybody is agnostic about it.

THE COURT: That's fine.

MR. STONE: I don't want to push the recovery. Maybe we could do it, if the Court's schedule would allow it, Monday, February the 20th.

THE COURT: That's Presidents' Day and that's a court holiday. I'll be here, but the rest of the court won't.

MR. STONE: Would the 21st work?

THE COURT: I can do the 21st in the afternoon, say, around 1:30.

MR. HEALEY: That will be fine with me, Your Honor.

THE COURT: Does that suit everybody?

MR. STONE: That's fine.

THE COURT: Now, Mr. Healey, if it is necessary to change that, we can just adjust it to accommodate your recuperation. All right. For now it will be at 1:30 on the 21st. Have you all, Mr. Healey, thought about Rambus's invitation to revisit whether you want to accept the
attorneys' fees proffer that they made? And I assume Mr. Stone would include upping the ante to current day fees, but I don't know that he did that. You-all need to reflect on that offer.

MR. HEALEY: I will double check with my client, Your Honor, but I believe we prefer to go forward, but I will double check with my client and notify the Court if there is any change.

THE COURT: All right. Is there anything else you all need to deal with? I sent you an order saying that, when we were having this hearing on the 19th, that if you wanted to argue the issue of the exceptional case, you could do that, in view of the decision in Hynix v. Rambus. Does anybody need any additional briefing by virtue of that situation?

MR. STONE: Not from Rambus's perspective, I don't think, Your Honor.

MR. HEALEY: Your Honor, we're happy to address that live at the hearing. If you prefer briefing, obviously we'll provide briefing.

THE COURT: No, I don't want to generate any more fees. February 21 then. I'll see
you at 1:30.

MR. HEALEY: Thank you, Your Honor.

THE COURT: All right. Good luck on your surgery.

MR. HEALEY: Thank you, sir.

THE COURT: All right. Take care.

MR. STONE: Thank you, Your Honor. Bye-bye

THE COURT: Bye.
I, Diane J. Daffron, certify that the foregoing transcript is a correct record of the proceedings taken and transcribed by me to the best of my ability.

DIANE J. DAFFRON, RPR, CCR DATE

Courtesy of Mike of the Pinehurst Thread.